Search warrants; provide notice of authority. (HB5099)

Introduced By

Del. Lashrecse D. Aird (D-Petersburg) with support from co-patrons Del. Lamont Bagby (D-Richmond), and Del. Joe Lindsey (D-Norfolk)

Description

Search warrants; provide notice of authority. Prohibits any law-enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant. The bill provides that, for all authorized search warrants, the law-enforcement officer be recognizable and identifiable as a uniformed law-enforcement officer and that he provide audible notice of his authority and purpose reasonably expected to be heard by occupants of such place to be searched prior to the execution of such search warrant. It also requires that after entering and securing the place to be searched and prior to undertaking any search or seizure pursuant to the search warrant, the executing officer shall read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to any occupant of the place to be searched. If the place to be searched is unoccupied, the executing law-enforcement officer shall leave a copy of the search warrant suitably affixed to the place to be searched. The bill requires search warrants to be executed only in the daytime unless (i) a judge or magistrate, if a judge is not available, authorizes the execution of such search warrant at another time for good cause shown or (ii) the search warrant is for the withdrawal of blood. Read the Bill »

Outcome

History